Home / Poker News October 2008 / Kentucky Court decision regarding domain name seizure under attack
Kentucky Court decision regarding domain name seizure under attack
Posted by: James Carter. - Sun, 2008-10-26 15:36
Barely has Kentucky Circuit Court judge Thomas Wingate affirmed the seizure of the 141 gambling related internet domains by the Commonwealth of Kentucky that his decision came under direct attack by the Interactive Media and Gaming Association. A mandamus is currently sought against the above named ruling, as – according to the iMEGA, the lower court has obviously made its decision in contempt of current Kentucky law, by reaching back to a law that the one currently in effect was meant to replace.
According to the iMEGA, the motivation behind the ruling is obvious. The seizure of the 141 gambling and poker related internet domains (which include sites like PokerStars, Full Tilt Poker and Ultimate Bet) is meant to protect Kentucky’s own in-state gambling, and therefore its goal cannot be the protection of the public from the phenomenon.
The ruling is also aimed at extracting funds from the sites in question in the form of illegal penalties.
In an explanation as to why the iMEGA was compelled to go to the Court of Appeals, Joe Brennan Jr, iMEGA CEO and chairman has also brought up the dangerous nature of the ruling which will set a precedent for other such actions in the U.S. and abroad.
Essentially, allowing the Commonwealth of Kentucky to seize domain names which are neither owned by Kentucky residents, nor are managed by an in-state entity, is to affirm the right of any entity in the world to seize the internet domain names of another entity anywhere in the world. iMEGA’s lawyers have justified their appeal on several grounds. On one hand, they brought up the erroneous classification of an internet domain name as a “gambling device”. On the other hand, Justice and Public Safety Secretary Michael Brown is claimed to have lacked the authority to initiate such an action.
There’s been a tremendous upheaval in the online poker and gambling communities following judge Wingate’s ruling as the Internet Commerce Association as well as the Poker Players’ Alliance have taken stance against it.
The Kahnawake Gaming Commission has also addressed the matter in a letter to Kentucky Governor Steve Beshear.
